TTAB Posts March 2012 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled four (4) oral hearings for the month of March, as listed below. The hearings [except for the third one, which will be held at the Crystal Gateway Marriott Hotel in Arlington, Virginia] will be held in the East Wing of the Madison Building, in Alexandria, Virginia. [The hearing schedule and other details regarding attendance may be found at the TTAB website (lower right-hand corner)]. Briefs and other papers for these cases may be found at TTABVUE via the links provided.


March 13, 2012 - 10 AM: Lush Ltd. v. Luscious, LLC, Opposition No. 91158982 [Section 2(d) opposition to LUSCIOUS COSMETICS for cosmetics, including bath soaps, in view of the registered mark LUSH for overlapping products].


March 22, 2012 - 2 PM: Apple Inc. v. Relix LLC, Oppositions Nos. 91176559 and 91175475 [Opposition to the mark GREEN APPLE for "Streaming of audio material on the Internet; Streaming of video material on the Internet," and "Entertainment namely, live performances by a musical band; Entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials; Entertainment, namely live music concerts" on the grounds of likelihood of confusion with and likelihood of dilution of Opposer's registered marks APPLE and various designs of apples (including the Apple Corps marks), for computers, software, wireless communications devices, digital media players, downloadable digital media, musical sound recordings, etc.].


March 29, 2012 - 10:15 AM: The Board of Trustees of The University of Alabama and Mr. Paul W. Bryant Jr. v. William Pitts Jr. and Christopher Blackburn, Opposition No. 91187103 [Opposition to registration of the mark HOUNDSTOOTH MAFIA for shirts and hats on the grounds of likelihood of confusion with Opposer's "houndstooth pattern" marks for various goods, including shirts and hats, false association under Section 2(a), and disparagement under Section 2(a)].


March 29, 2012 - 2 PM: In re Campo's Deli at Market, Inc., Serial No. 77768687 [Refusal to register PHILADELPHIA'S CHEESESTEAK for "sandwiches; sandwiches, namely, cheesesteaks" [CHEESESTEAK disclaimed] on the grounds that (1) the mark is confusingly similar to the registered marks PHILADELPHIA CHEESESTEAK CO. & Design, PHILADELPHIA CHEESESTEAK CO., and THE ORIGINAL PHILADELPHIA CHEESESTEAK CO. for “prepared foods, namely, meat;" (2) the mark is primarily geographically descriptive under Section 2(e)(2); and (3) the specimens of record do not show use of the mark for the identified goods].


Text Copyright John L. Welch 2012.